John McGuinness (Carlow-Kilkenny, Fianna Fail)
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127. To ask the Minister for Justice and Equality the number of protected disclosures received by her from serving and retired members of An Garda Síochána; the process applied to each one; if investigations have been completed in any of the cases; the dates on which each one was submitted to her or her Department; and if she will make a statement on the matter. [19502/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, the Protected Disclosures Act came into effect on 15 July 2014, and in relation to members of An Garda Síochána replaced the previous system of making disclosures to a Confidential Recipient. The Act was part of the then Government's comprehensive approach to enhancing the protections available to whistleblowers, including members of the Garda Síochána.

Under the Act, members of the Garda Síochána may communicate their concerns to the Garda Commissioner, as their employer if they so choose, or they may make a disclosure to GSOC, which is a statutorily independent body, for investigation. Where a protected disclosure is made to GSOC, the Act provides that GSOC may, if it appears to it desirable in the public interest to do so, investigate the disclosure.

The legislation allows that an individual employed by a public body may also make a Protected Disclosure to the Minister with responsibility for that body. It is the case that in a number of instances I have received such disclosures. It is important to note that in some cases the individuals concerned have indicated that they have already been in contact with the Garda Síochána and/or GSOC regarding the same matters.

Since the Act came into effect I have received 8 complaints in which the Protected Disclosures Act has been cited. These are from individuals who either are, or were, employees/members of the Garda Síochána. Of these, 6 were members or retired members and 2 were civilian or former civilian employees. 1 complaint was made in 2015, 3 in 2016 and 4 in 2017.

It is important to recognise the very significant fact that a member of the Gardaí or a civilian employee of An Garda Síochána who makes a disclosure in accordance with the Act is entitled to all the protections provided for whistleblowers in the Act. These protections include protection from having their identity revealed, protection from dismissal and protection from being penalised in their employment as a result of having made a protected disclosure.

The process that applies in my Office to any such correspondence is as follows.

Firstly, the correspondence is assessed to determine whether it constitutes a Protected Disclosure under the Act. Secondly, consideration is given to what action is required. The individual is then informed of what action I propose to take. All reasonable efforts are taken to keep the identity of the individual concerned confidential.

Actions taken can include seeking a Garda report from the Garda Commissioner (having first confirmed that the individual is agreeable to that course of action), referring matters to GSOC under powers available to me as Minister under the Garda Síochána Act 2005, referring matters to an external body or person for review, etc. As the Deputy is aware two such Disclosures received in 2016 were reviewed by Mr Justice O’Neill and a Tribunal of Inquiry has been established under Mr Justice Charleton.

In addition to the cases referred to above there have been a small number of other cases which did not specifically cite the Act, but might be inferred to have been Protected Disclosures. These have been dealt with in the same way.